Fort Walton Beach Council agenda — 04-27-2007 regular agenda — reading text

in favor. MINUTES Approval of the minutes of the Regular Council Meeting of March 27, 2007; the Special Council Meeting of April 1 , 2007; and the Executive Session of April 2, 2007. ANNUAL CONCRETE BID Award Bid # 07- 114, Annual Concrete Bid, to the low, responsive, responsible bidder meeting specifications, Couch Ready Mix USA, of Destin, Florida, for the purchase of concrete on an as needed basis at the estimated annual budgeted amount, for a period of one year. Further, authorize the City Manager to approve the extension of the bid with up to four (4) one- year options, if it is determined to be in the best interest of the City. ACCEPT DONATION OF USE POLICE VEHICLES Accept the donation of two used police vehicles, equipped for canine ( K-9) use, from the Okaloosa County Sheriff' s Office and to place them in service.  Regular Council. 4- 10- 07 240 FAIR ASSOCIATION UPDATE TO OPERATION PLAN 2007 Approve request from the NWF Fair Association to update the Operations Plan 2007, to add an American Monster Truck Association event on May 18- 20, 2007; Medieval Event Society event on August 25, 2007; and a Cash in the Nursery event on September 25, 2007. Council received confirmation that the Monster Truck event will take place in the back parking lot and will not impact the front parking lot.; QUASI- JUDICIAL AGENDA - AMENDMENT TO SITE PLAN FOR PRESIDIO CONDOMINIUM ~ Consideration of a request by Gary McMichael, Developer, for an amendment to the site plan for The Presidio, a condominium development located at 124 Miracle Strip Parkway. The purpose of . the amendment is to install an elevated pool deck with a r~ aining wall. The City Attorney gave the oath to all individuals in the audience who sent emails to the Mayor within the past ten days or anyone else who may wish to testify. The City Attorney gave instruction to Council that the court reporter will be taking everything down everything that is said and asked that everyone speak one at a time and loud enough for her to hear. She clarified for the record there is a provision under Chapter 2 that allows public access to officials in quasi-judicial matters and also requires each of them to state who they spoke with and the subject of the conversation. Mr. Holmes stated he only spoke to the CitYAttorney on the issue. Mr. Miller stated on April th he was given a tour of Presidio by Mr. Joel Merriweather and Mr. Mike McMichaels, he was shown the area in question, the general layout of the building, and a tour of the construction. Mr. Reeves stated he spoke with the City Manager aboutt' he boardwalk and Bob Rettie came by his office and they discussed general code enforcement issues. The Mayor stated other than the emails he only had conversations with the City Attorney and the City Manager about the agenda item. Mr. Garvie stated he spoke with Malcolm Foley and picked up a copy of the Choctaw Engineering diagram of the area in question. Dr. Pullen stated he spoke with the attorney about things in general concerning the issue, talked to Kabe Woods, talked to Doug Reed about.the importance of the CRA Board responsibility in following the Codes and Ordinances, talked to Emil Pagliari and stated his position why he must uphold the ordinances of the City, talked to Bob Rettie on where he can find information in the Code on MUW- 24, talked to Building Inspection and brought up the requirement of the 10' setback, and he received an email this afternoon from Bob Rettie but he did not respond to it. Mr. Hartwell said he sent an email to the City Attorney and the Mayor asking about responding to an email and on the way to the workshop he received a call from Bob Rettie who asked if he. had an opportunity to look at the diagram of the site plan. . Mr. Minich said he spoke briefly with the City Attorney and with his wife. The City Attorney stated for the record there are 31 emails, stated the name from each email, provided a copy to the court reporter, and gave copies of the emails to the City Clerk for the record.  Regular Council 4- 10- 07 2'4~ .1 AMENDMENT TO SITE PLAN FOR PRESIDIO CONDOMINIUM cont. Blinn Van Mater, 220 Eglin Parkway, SEj architect for Presidio, stated the request has been through the CRA Board process twice and both times it was successful with a recommendation forwarded to Council for approval. He believed the package is complete and offered to answer any questions. Dr. Pullen commented there seems to be a question about the retaining wall and its purpose, and whether retaining walls are exempt from the setback. Mr. Van Mater replied he has been told by City staff that all retaining walls are exempt. l Mr. Miller questioned whether the 170' boardwalk that will be constructed will be Mr. Van Mater' s design or the City' s design. Mr. Van Mater replied they have provided a design for permitting to the State of Florida and they can submit to the City for a permit, and they have been asked to go before the CRA for approval of the design. He said if Council finds it acceptable, he believed it did not have to go back to the CRA and they should be able to get a permit from the City. He said at the CRA meeting he entered an objection to the second condition in the recommendation that the developer be required to build the boardwalk along the entire waterfront. He said they offered and agreed to provide the City an easement and agreed to bUild a boardwalk between the two docks. He said the condition is beyond the ordinances and it is beyond the original approval. Mr. Minich commented the original plan was at grade. Mr. Van Mater replied it did not say that. Mr. Garvie questioned whether the pool deck will be taken down if it did not meet the setback after it is built. Mr. Van Mater stated the pool deck area' can be adjusted to meet the setbatk H, I requirement. Dr. Pullen mentioned his belief that the ordinance requires a minimum setback of 10' from U{ e mean high water line and commented the drawing shows the SE corner is only 8' setback from the mean high water line and the middle of the pool is about 4 W from the mean high water line, and the ordinance states there will be no construction within the setback. Mr. Van Mater that is replied the retaining wall, not the pool, and it is his understanding the retaining walls are exempt from the 10' setback. He added when the building was approved the building heights were 150'. Mr. Holmes wished to know if the boardwalk Mr. Van Mater is proposing is 170'. Mr. Van Mater replied it is approximately, between the two docks. Mr. Holmes questioned whether the boardwalk will have public access and if the City will then maintain the boardwalk. Mr. Van Mater said maintenance is a question for the City. He said the staff recommendation for 675' included the 170' and the boardwalk would be accessed from Highway 98. He said if the Council accepted the 170' boardwalk the developer is providing an easement along the waterfront, they have not agreed to build the actual boardwalk. Mr. Holmes wished to know if there would be steps from the beach to the boardwalk. Mr. Van Mater stated the boardwalk is above grade so they would have to provide some sort of steps. Malcolm Foley, Planning Manager - Current, entered into the record the staff report and accompanying documents from the applicant. j Dr. Pullen questioned whether Mr. Foley was representing the CRA or the staff as he believed the information is supposed to be presented to Council from the CRA. Mr. Foley replied at this point in time he is representing the CRA. The City Attorney received clarification for the record that the applicant has reviewed the report and has no objections except for condition number 2. Mr. Foley pointed out that the as built survey was prepared by Choctaw Engineering and prepared by a surveyor who documented where the mean high water line is on the property. He said the mean high water line was established by a professional and it was presented to the CRA.  Regular Council 4- 10- 07 242 AMENDMENT TO SITE PLAN FOR PRESIDIO CONDOMINIUM cont. Mr. Foley stated the uses are permitted in the shoreline protection zone under the code and the updated site plan has the dimensions that show the setback. He said the retaining wall has no setback requirements; He noted the problem is that it is in the future boardwalk easement, and they have agreed to build the boardwalk for 170'. He said staff recommendation is they build the boardwalk the entire length of the property to help mitigate the immediate impact of the retaining wall. In reply to a request for an example of other retaining walls in that district, Mr. Foley replied Sailwatch Landing. Mr. Minich wished to know if the reason for the stop work order was because the retaining wall is within the easement. Mr. Foley replied; the reason for the stop work order was because the retaining wall was at a height greater than the at grade pool shown on the approved plan. Mr. Hartwell questioned how wide the boardwalk would be in the areas impacted by the boardwalk o easement. Mr. Foley stated the applicant agreed to build a 10' boardwalk. Mr. Hartwell questioned the impact beyond the mean high water line. Mr. Foley stated they have a submerged land lease and must get approval from the State, and the condition states they have to get approval and if they cannot get approval, it will have to come back to Council. Mr. Miller wished to know the reason the City requested the easement. Mr. Foley explained in order to increase the density to have more units, they